I got a DUI in jan. they took blood for a blood test. when the results came back, the same sheriff came to my home in utah with a DCFS worker and demanded that I submit to a UA right there. After giving him the bottle, he sealed it with the tape but I never signed anything. He said that it was positive and arrested me and took my children into custody. I was released on OR but my kids are still in their shelter and they say I cant have them back.
Now DCFS has petitioned for custody. Is any of this legal? How can I get the kids back?
2007-03-01 15:33:55 · 5 answers · asked by a17blossom 2 in Politics & Government ➔ Law & Ethics
I think you need to call a lawyer, not ask on Answers. It sounds like you have a bit of trouble on your hands there.
2007-03-01 15:36:48 · answer #1 · answered by punkin_eater26 6 · 2⤊ 0⤋
Were your children with you when you got the DUI? It sounds like someone made a report to DCFS stating that your children were at risk, neglected, or abused and the sheriff came along to take them into protective custody. The previous post is right you need an attorney as it sounds like you have some serious issues ahead of you.
As a starting point DCFS should have stated in petition why they took protective custody, and they may set up a caseplan for you to work on getting your kids back. But again you DEFINATELY need legal counsel.
2007-03-01 23:42:58 · answer #2 · answered by Jill R 3 · 1⤊ 0⤋
If part of your probation was random drug tests,then yes,it was perfectly legal for them to do that,especially if they had any suspicion that your children could be in danger.They give you no advance warning on random drug tests.
If you are still using,you need to get clean before they will even consider giving your children back.
The other posters are correct,you really need a lawyer on this one.When it comes to your children,you need to do things the right way with someone who will help you,otherwise you could lose them forever.
2007-03-02 01:54:55 · answer #3 · answered by Jan 7 · 1⤊ 0⤋
No what the sheriff done to you is not legal. I'm not sure how to get your kids back but try sewing them. Good Luck I hope you get your kids back
2007-03-02 00:00:06 · answer #4 · answered by ineedthis4hw 1 · 0⤊ 0⤋
the first thing you need to do is get off the booze...
the second thing you should do is get a good attorney, you are certainly going to need one!!!!!!!!!!!!!!!!!!!!!!
you are going to be walking down the darkest road you could ever imagine. this will be the hardest and the blackest time of your life.
be prepared for the fight of your life. if you have a problem get help immediately, that will show you are willing to get help and fix yourself. if need be check into a rehab asap!!!
good luck!!!!!!!!
2007-03-01 23:47:18 · answer #5 · answered by KRIS 7 · 2⤊ 0⤋